A woman with disabilities is suing a county department for allegedly denying her the use of a service dog in a homeless shelter, claiming discrimination under the Americans with Disabilities Act (ADA).
Nicole Ahlschlager filed a complaint on Nov. 26, 2024, in the United States District Court for the Eastern District of New York against John Imhof, Commissioner of the Suffolk County Department of Social Services (DSS).
Ahlschlager, who suffers from cerebral palsy, depression, and anxiety, claims that DSS unlawfully prohibited her from using her service dog at a homeless shelter. Initially allowed to bring the dog with her, DSS later withdrew permission after an incident where the dog reportedly jumped and snarled but did not bite anyone.
The complaint states that DSS failed to engage in an interactive process to find a reasonable solution, such as muzzling the dog or moving Ahlschlager’s family to separate housing, which would have allowed her to keep the service dog.
As a result, Ahlschlager was reportedly forced to temporarily place the dog with a friend, causing both physical and psychological setbacks. The service dog, which Ahlschlager acquired two and a half years ago to assist with mobility issues, had been crucial in preventing falls and reducing anxiety.
Since losing access to the dog, Ahlschlager claims she has fallen again and has experienced increased anxiety and depression.
The lawsuit alleges that DSS violated Title II of the ADA by failing to provide reasonable accommodations and by not taking steps to protect Ahlschlager's rights under federal law.
The plaintiff seeks declaratory relief, an injunction allowing her to use her service dog in shelters until permanent housing is secured, compensatory damages for emotional distress, and attorney fees.
Representing Ahlschlager is attorney William M. Brooks from the Center for Justice, Civil Rights, and Liberties Inc. Case I.D. 2:24-cv-08267-JMW-ST.